Although it has tended to fly beneath the radar screen,
overshadowed as it is by Brexit, Switzerland has been involved an acrimonious
dispute with the EU. Unfortunately for the Swiss, it is the fallout from Brexit
that has brought matters to a head as the EU seeks to demonstrate that
countries that do not play ball will feel the effects of exclusion from the EU
market.
To put this into context, although Switzerland is not a
member of the EU it has a series of bilateral agreements which allow access to
parts of the European single market. One of the prerequisites for maintaining
access to the single market is that the network of bilateral agreements be
replaced with an overarching framework agreement. This would include a
mechanism for settling any legal disputes between Bern and Brussels.
Negotiations on these institutional issues began back in May 2014 but progress
has been slow due to domestic political feeling, primarily opposition from the
right-wing populist SVP which whipped up a storm by highlighting the role of
“foreign judges” in Swiss affairs. At the end of 2017, the EU raised the
pressure by granting Swiss stock exchange equivalence only for a year unless
progress was forthcoming, and at the end of 2018 a further six month extension
was granted. But no further progress has been made and at the end of June 2019,
exchange equivalence expires.
In practice, this means that Swiss stocks cannot be traded
on EU exchanges (and vice versa, thanks to the Swiss decision to reciprocate).
Nobody knows what it will mean in practice. But Swiss companies account for
around 20% of the Stoxx 50 market cap and 30% of the trading in Swiss large cap
stocks takes place on other EU exchanges, primarily London. The companies
involved remain sanguine, with a large chunk of trading expected to switch to
Zurich and foreign trading shifting to markets such as New York. There is no
doubt that this is more than a minor inconvenience and could have potentially
damaging market impacts. But the bigger issue reflects global politics, and not
for the first time Switzerland finds itself squeezed by the actions of far
larger economic blocs.
In the wake of the 2008 financial crisis, pressure from the
US and EU forced Switzerland to water down its banking secrecy laws by
requiring it to share account data with foreign authorities. Ironically, the
state of Delaware remains one of the world’s most important tax havens, and protects
the identity and personal information of privately held corporate business
owners from public record. Nor is the record of EU Commission President Juncker
exactly spotless: After all, he was Prime Minister of Luxembourg when its tax
avoidance regime, which was conducive to foreign companies wishing to minimise
their tax bill, was set up. It is therefore understandable that the Swiss
electorate is not prepared to roll over in front of yet more international
pressure on their economic model.
In the current case, the actions of the EU to put pressure
on Switzerland have to be seen in the context of the Brexit debate in which the
EU wants to be seen to be intolerant of foot-dragging on the part of those
countries which do not adhere to their commitments. The UK will watch with
interest given that the EU has chosen to make an issue of market equivalence.
In the absence of a more concrete plan, the Withdrawal Agreement drawn up
between the UK and EU will allow UK financial services providers to access the
EU market on the basis of equivalence rather than the current model of
passporting. This is granted on the basis that the rules in the UK market are
deemed “equivalent” to those in the EU (which given that both sides currently
follow the same set of rules is clearly the case). One of the great
disadvantages of this model is that either side can end equivalence-based
access at short notice, which means it cannot be used as the basis for
multi-year financial planning. Nor does the EU have any equivalence-based rules
for commercial lending, deposit taking or parts of the insurance sector. Those
who can bear to tear themselves away from the unfolding drama of the
Conservative leadership race should take note of the EU’s ability to exert
pressure.
As for Switzerland, it now finds itself in a very awkward
position. The journalist Steffen Klatt has pointed out that there is an inherent contradiction between the will of the people as
expressed in the Swiss direct democracy model and the membership requirements
of international organisations. The UK might argue that it is in a similar
position today. But the crucial difference is that the UK operates a system of
representative democracy, and resorting to referendums is an abrogation of responsibility
on the part of MPs who the electorate pays to take decisions. Swiss access to
the single market was negotiated on the basis of its long-standing commitment to
direct democracy - in this sense Switzerland enjoys a far higher degree of democratic engagement than the EU. Unfortunately, it is the EU that has changed its stance more
than Switzerland and its criticism is based on the fact that Swiss laws have
been slow to adapt to changes in EU internal market law.
Ultimately, the dispute boils down to a conflict between
social and economic objectives. Concern about immigration into Switzerland has
been rising for some time. Roughly 24% of the Swiss population is foreign born
and in 2014 the electorate narrowly voted to support a popular initiative “against mass immigration”.
This undermined relationships with the EU, and at the time Switzerland was seen
as a European outlier in terms of immigration concerns. However, immigration
levels remain the biggest issue for voters across the EU according to the most recent Eurobarometer which is why the likes of the AfD have been making ground in Germany.
Whilst the EU does have legitimate concerns about the way
single market laws have been applied in Switzerland, there is also a sense that
the EU is using its economic muscle to force compliance at a time when immigration
concerns expressed by the Swiss are being reflected elsewhere. I have pointed
out before (here) that the political
legitimacy of the EU rests on its ability to act in accordance with its
citizens’ wishes, and the results of the European Parliament elections last
month suggest that there is a diverse range of opinions. The EU is certainly
big enough to push Switzerland around, but this kind of behaviour will do
nothing to assuage Italian concerns with regard to the EU’s approach to fiscal
matters and will only enrage Brexiteers. Sometimes the whole point of carrying
a big stick is that you never actually have to use it. In striking at the
Swiss, whilst failing to sanction member states such as Poland or Hungary for
their flagrant breaches of EU democratic norms, the EU may be lashing out at
the wrong target.